cbkayla

Remand of hearing for motion for summary judgement

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Why would the lawyer for Midland Funding LLC file for a motion for summary judgement and then remand the motion before the hearing? This has happened 2 times and I am getting fed up. Case is long story.

Edited by cbkayla
wrong name of company

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Give details and someone might be able to tell you ....... or are you just venting?

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Stalling for time,waiting for documents,trying to scare you in to settling.

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1/2008 received letter from lawyer representing Midland. Then received agreement from them wanting me to make payments. Did not sign agreement or make payment.

8/2008 : Received complaint and stated I owed close to Midland close to $7000. on old cc.

8/2008 : Retained lawyer and gave all paperwork to lawyer.

9/2009 : Received motion for summary judgement. Found out lawyer didn't file answer.

9/2009 : Received Remand of motion for summary judgement motion. Lawyer filed answered so I guess that is why they remanded.

Various phone calls from my lawyer throughout 2010 and into 2011. Lawyer from Midland wanting payment. Requested my lawyer to get copy of debt so I could see what it was. Midl. laywer stated they had bought a block of names.

10/2011: My lawyer files motion to withdrawal as he left firm.

12/2011 : Here comes Midland atty again. I called law firm I had and found out my lawyer didn't do hardly anything.

12/2011 : I call Midland atty and ask for proof of debt, said he would send

it.

Never received any proof.

2/29/2012 : Received another motion for summary judgement (court date 4/2012) with a packet of forms.

3/2012 : Completed admissions, interrogatories and filed with court system and also completed Pro Se document and filed. Copies sent to

Midland lawyer.

End of 3/2012 received remand for motion of summary judgement.

Beginning of 4/2012 sent Interrogatories to Midland atty.

End of 5/2012 received Midland atty answers to Interrogatories. They objected to all.

3/2012 I found old credit card, copies of a couple statements for an account I knew I had with xxxx bank but I paid in a settlement and paid off in 5/2008. Called xxxx bank and they sent me letter stating account had 0 balance.

Note : The statements lawyer had been sending had the Midland account number and the Creditor account number whited out. In the answers to the Interrogatores I sent them, new statement has account number.

So can I file a sworn denial?

I sent some good affirmative defenses and would like to know what is the best route for me to take now.

Thanks for any info.

Edited by cbkayla
Rewording due to being too long.

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You need to go back in and edit your article into paragraphs, etc. It's hard to read all jumbled together. See other postings where they double space ever so often. Lot's easier to read then. People will give up on what you have written and not respond.

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I would see if you could include your statement from the bank as part of your interrogatory/discovery responses.

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I already answerd one set of interrogatories. Could I make the cc documentation a supplemental to them? If so, how would I do this. Can I file a sworn denial?

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You need to check your rules of civil procedure to see if you could possibly amend your interoggatory or discovery answers. The same goes for a sworn denial. Do your rules of civil procedure allow it?

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I am checking the Civil Rules of Kentucky. Very confusing as to the wording. I hope I can get some interpretation of these rules. Clerk at courthouse told me to file a motion to dismiss under Civil Rule 41.02 and Civil Rule 77.02(2) as case has sat on docket for over a year. Hum....

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That's called lack of diligence, or failure to pursue. It means you can't let your case sit for X number of months without taking any action. Motions to dismiss can be found on line, just google it. One page, very simple. Attach an order for the judge to sign and certification that you sent a copy to the other side. Ask for "with prejudice" so they can't re-file. Who knows, you may get lucky and they'll grant your request. They don't always, do this, though.

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In a motion to dismiss, is the lack of diligence all I should list. The affirmative defenses I sent, would those have to be in a motion to oppose or a cross motion for summary judgement? Just trying to figure out the best route.

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In a motion to dismiss, is the lack of diligence all I should list. The affirmative defenses I sent, would those have to be in a motion to oppose or a cross motion for summary judgement? Just trying to figure out the best route.

The motion for SJ twice and how to avoid sanctions they took it off calendar.

that they haven't provided discovery, If you sent them some and the did not provide any they are subverting the discovery process. request a terminating sanction for that

They are set on you making their case for them. But you are not bumbling into their web.

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Here are Plaintiff's General Objections to Discovery.

1.) The Plaintiff objects to the definitions and instructions set forth by Defendant's Interrogatories and Requests to the extent that they require information or documentation different from or in addition to applicable rules.

2.) The Plaintiff objects to Interrogatories and Requests to the extent that they seek information or documents protected by attorney=client priviledge, the attorney work-product doctrine, or any other priviledge.

3.) The Plaintiff objects to Interrogatories and Requests to the extent that they seek information or documents that are confidential, proprietary, or that constitute or contain trade secrets.

4.) The Plaintiff objects to each Interrogatory and Request to the extent that it calls for a legal conclusion.

5.) The Plaintiff explicitly incorporates this General Objections into each and every Specific Response Below.

Ok so I sent Interrogatories with 19 questions. I acquired them from input from other forums and law websites. So I thought this was considered Discovery and they had to provide answers and the documents they had that verified the debt belonged to me. The above is what was on the first page, they pretty much answered each interrogatory the same.

I really felt like they were insulting my intelligence when I read these. Love #3 - Trade secrets...please. #4 - calls for a legal conclusion....I thought these morons were lawyers.

So what was the purpose of my sending the Interrogatories?

They altered statements with the first 3 with no account numbers and the statement they sent with the Interrogatories with the account numbers.

I have copies of old cc statements, the actual credit card and also a letter from xxxxbank stating the account is 0. I paid it in a settlement in 2008. I have to find if Kentucky allows me to supplement these in some type of document.

The statement they sent has a different xxxxbank account number. Nothing at all that shows the account even belongs to me.

Now they state in the complaint they want interest from 2002. This debt does not show up on any of my credit reports and the debt I paid off isn't even on my credit report.

Any input on how to proceed is greatly appreciated. I have lost many hours of sleep and taken days off from work just researching all the law sites and forums.

I am done with these idiots. I was told if you go to a fight, you always take the biggest stick.

The amount they are up to now is almost 9000.00 buckaroos.

I worked hard to pay off all debts. I got my clock cleaned in a divorce, put my daughter through college and work about 50 hours a week. I am a fighter and a survivor and this group of clowns are not going to take my hard earned money.

This is a great forum and I think I can put this dog to bed, hopefully soon.

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So if Midland is suing for what they say is an old cc debt, can they withhold statements or any other information stated it is protected by lawyer-client priviledge?

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I have copies of old cc statements, the actual credit card and also a letter from xxxxbank stating the account is 0. I paid it in a settlement in 2008.

I would include this in the motion to dismiss.

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So if Midland is suing for what they say is an old cc debt, can they withhold statements or any other information stated it is protected by lawyer-client priviledge?

Sure they can unless you file a motion to compel. However, they have now made their bed and can lie in it. What they have said is that since all this evidence is protected, they can not use it in court. If they try try you object and scream bloody murder that they have engaged in Discovery Misconduct.

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This is why I never like to see these voluminous rules and directions people include. "These discovery requests may be answered pursuant to the rules of civil procedure for the State of XXX." Let them try to object to the court rules.

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You all are totally awesome. Wish I would have found this forum earlier. Probably would have gotten better sleep and not had to do as much internet digging. I still have more questions, but have to do a little research. The more I read your posts, the more I understand what the attorney for Midland thought he could pull over my eyes. Just want to make sure my ducks are walking in a row.

Edited by cbkayla
spelling

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So if I file a motion to dismiss for failure to prosecute, can I also add other reasons that I stated as my affirmative defenses?

1.) Affirmative defense : Lack of Privity was one of them.

Do I have to send them a copy of the old cc statement and other items showing I paid off the only xxxx cc I had?

Don't want it to be thrown out as unadmissable.

Can I somehow also ask for reimbursement of my 800.00 in attorney fees?

Need help in wording this motion.

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Privity does not apply to credit card cases. Use the lack of diligence, and the proof that this account had a zero balance. I'd call that failure to state a valid cause of action. If there is no debt, there can be no lawsuit. If you can really prove this thing was paid off, you may have an FDCPA violation fro trying to collect a debt that does not even legally exist, Coltfan will know the statute you can use. Might get a grand out of them.

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